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Law
Q:
In Statev.Baker, the Iowa Supreme Court permitted a defendant in a rape case to offer evidence that the victim had in the past made false rape claims against others. Since such evidence is not about past sexual behavior, the court held the rape shield law
a. inapplicable
b. invalid
c. applicable
d. valid
Q:
In most states, honest mistake as to the age of the minor in a statutory rape case
a. is a well-recognized defense
b. is not permitted as a defense
c. is permitted as a defense as long as the child gave consent
d. None of these choices
Q:
Which of the following are exceptions to the rape shield laws?
a. evidence of specific sexual behavior of victim offered to prove another person was the source of semen or other physical evidence
b. evidence of specific past sexual contact between the victim and the accused, if offered to prove consent
c. evidence the exclusion of which would violate the constitutional rights of the accused
d. All of these choices
Q:
Rape shield laws were enacted to
a. encourage the reporting of sexual assaults
b. make it easier to obtain convictions for rape
c. make it easier to obtain convictions for rape and encourage the reporting of sexual assaults
d. make it more difficult to obtain convictions for rape and discourage the reporting of sexual assaults
Q:
Under the rape shield laws enacted in most states
a. defendants convicted of rape are sentenced to life in prison
b. the rape victim can submit a written statement instead of testifying at trial
c. the victim may have an advocate present with them at trial
d. a rape victim's past sexual conduct with people other than the defendant may not be used at trial
Q:
Which of the following is not one of the exemptions to rape shield law's prohibitions?
a. evidence of specific sexual behavior of victim offered to prove another person was the source of semen or other physical evidence
b. evidence of specific past sexual contact between the victim and the accused, if offered to prove consent
c. evidence the exclusion of which would violate the constitutional rights of the accused
d. evidence offered to prove the victim's sexual predisposition
Q:
Rule 412 of the Federal Rules of Evidence provides that in a criminal trial of a sexual assault charge, evidence (1) offered to prove the victim engaged in other sexual behavior, or (2) offered to prove the victim's sexual predisposition, is
a. inadmissible
b. admissible
c. inflammatory
d. defensible
Q:
Rule 412 of the Federal Rules of Evidence is an example of a
a. rape shield law
b. sexual predator law
c. child pornography law
d. prostitution law
Q:
What is the name of the crime in which people of the same family have sex?a. rapeb. sexual assault c. sexual battery d. incest
Q:
The National Institute of Justice defines rape as which of the following types of penetration achieved through the use of force or threat of force except
a. vaginal
b. oral
c. anal
d. cleavage
Q:
Sexual relations (nonmarital) became a crime in the United States if
a. they are performed in public
b. they are performed for profit
c. they are between a therapist and a patient and in violation of the laws of that state
d. All of these choices
Q:
Sexual relations (nonmarital) became a crime in the United States for all of the following reasons except
a. there is a lack of consent
b. they are with a minor incapable of legally consenting
c. they are with a mentally deficient person or an adult incapable of consenting
d. if they are considered adults
Q:
The U.S. Supreme Court has stated that pedophilia is not a basis for civil commitment.
a. True
b. False
Q:
Sexual touching laws often require a showing that the conduct was intended to arouse sexual desire.
a. True
b. False
Q:
Aggravated rape is handled the same in all states.
a. True
b. False
Q:
The U.S. Supreme Court has held that the 1996 Child Pornography Prevention Act was unconstitutional because it failed to clearly identify what constituted "indecent" or "patently offensive" material.a. Trueb. False
Q:
Members of either sex may be convicted of pimping for prostitution.
a. True
b. False
Q:
Under rape shield laws at trial rape victims do not have to defend their reputations or past sexual conduct with persons other than the defendant.
a. True
b. False
Q:
The Child Online Protection Act has been found unconstitutional by a Circuit Court of Appeal, and the Supreme Court has denied review of that decision.a. Trueb. False
Q:
Pimping includes not only securing clients for a prostitute, but also living off the prostitutes illegal earnings.
a. True
b. False
Q:
It is a defense to the charge of statutory rape that the defendant reasonably believed the person was not a minor.
a. True
b. False
Q:
Most states divide sexual assault into two or more degrees.
a. True
b. False
Q:
Discuss the offense of child snatching and parental kidnapping. What steps have been taken in recent years to address this type of crime?
Q:
Define, compare, and contrast the crimes of kidnapping, hostage taking, and false imprisonment.
Q:
Explain what is involved in the offense of child abuse and discuss the laws that seek to protect children from abuse.
Q:
Some circumstances exist under which assaultive conduct might be justified. List those circumstances and explain why the conduct might be justified.
Q:
Explain how federal courts have distinguished the criminal offenses of mayhem and malicious disfigurement.
Q:
Discuss the defenses available to a defendant charged with the crime of assault or battery.
Q:
Under what circumstances may physical contact without consent constitute a criminal offense? Provide examples.
Q:
For purposes of an aggravated assault or aggravated battery charge, explain what may constitute a "deadly or dangerous weapon."
Q:
What is "present ability" to commit an assault and what impact can lack of present ability have on an assault
charge?
Q:
Intentionally placing or attempting to place another in fear of immediate serious physical injury is called
Q:
Willfully inflicting an injury on another so as to cripple or mutilate the person is referred to as .
Q:
The_held that only a mother has the nurturing qualities needed to love and care for a child through the early part of the child's life, or the tender years.
Q:
Unpermitted physical contact with another person, usually limited to private or genital areas, is called
Q:
An attempt to commit a battery is a(n) .
Q:
Child is the abduction of a child by one parent without the consent of the other parent.
Q:
The offense of hostage taking may include all of the elements of kidnapping except of the victim.
Q:
reporting laws require people coming in contact with children to report suspected child abuse.
Q:
The U.S. Supreme Court has ruled that parents and people acting in the place of parents may use force
believed necessary for the child's proper control, training, or education.
Q:
is a common defense asserted in assault and battery charges.
Q:
The presence of one or more factors could result in an assault or battery being charged as a felony.
Q:
A defendant may argue combat as a defense to an assault or battery.
Q:
In many states the crime of assault also includes .
Q:
Assault made more serious by presence of a or as part of intent to commit a felony is aggravated assault.
Q:
Included in the crime of today are (1) an attempt to commit a battery in which no actual battery or physical injury resulted, and/or (2) an intentional frightening.
Q:
Chuck meets his daughter after school and gives her a ride home, but today, the ride won't end at the mother's home, but rather at Chuck's, who takes this opportunity to take his daughter out of state. Chuck intends never to return his daughter to her mother, who has legal custody.
Which is not a common reason for a parent to abduct a child from the other parent?
a. financial gain
b. to protect the child from the other parent
c. to bring about a reconciliation of the marriage
d. harassment of the other spouse
Q:
Chuck meets his daughter after school and gives her a ride home, but today, the ride won't end at the mother's home, but rather at Chuck's, who takes this opportunity to take his daughter out of state. Chuck intends never to return his daughter to her mother, who has legal custody.
The police have issued a warrant for Chuck's arrest, charging him with
a. false imprisonment
b. pedaphilia
c. child snatching
d. hostage taking
Q:
Chuck meets his daughter after school and gives her a ride home, but today, the ride won't end at the mother's home, but rather at Chuck's, who takes this opportunity to take his daughter out of state. Chuck intends never to return his daughter to her mother, who has legal custody.Upon realization that Chuck had kidnapped his daughter, under the , federal, state and local law enforcement must now maintain a record of the abduction.a. Missing Children's Assistance Actb. National Crime Information Center Law c. Fugitive Felon Actd. Amber Alert system
Q:
Mark turns in his last final exam of the semester and returns to his dorm. He begins to consume alcoholic beverages and is soon very drunk. In his inebriated state, he begins to throw furniture out of the window, and the last item he tosses, a couch, lands on a passerby walking below. Mark's celebration ends when campus security arrive and place him under arrest.
If it can be proven that Mark landed the couch on the victim because of his race, then a charge may also be added against Mark.
a. mayhem
b. hate crime
c. malicious disfigurement
d. domestic violence
Q:
Mark turns in his last final exam of the semester and returns to his dorm. He begins to consume alcoholic beverages and is soon very drunk. In his inebriated state, he begins to throw furniture out of the window, and the last item he tosses, a couch, lands on a passerby walking below. Mark's celebration ends when campus security arrive and place him under arrest.
If the victim in this preface loses an eye or is disfigured in some fashion, then a charge of may also be added against Mark.
a. mayhem
b. hate crime
c. malicious disfigurement
d. domestic violence
Q:
Mark turns in his last final exam of the semester and returns to his dorm. He begins to consume alcoholic beverages and is soon very drunk. In his inebriated state, he begins to throw furniture out of the window, and the last item he tosses, a couch, lands on a passerby walking below. Mark's celebration ends when campus security arrive and place him under arrest.
Mark may be charged with aggravated battery, a felony offense, in this case
a. because of the seriousness of the victim's injuries
b. because of the reckless nature of the incident
c. because a dangerous or deadly weapon was used (the couch)
d. as a result of Mark's disregard for the safety of others
Q:
Susie is out at a night club she frequents and it is crowded. She feels the hands of another patron on her hip as he attempts to move past her. She asks the bouncer to detain the man as she dials 911. The police respond and when they arrive on the scene they arrest the man.
The man in the bar may consider charging the bouncer and the bar with
a. false imprisonment
b. kidnapping
c. involuntary servitude
d. false arrest
Q:
Susie is out at a night club she frequents and it is crowded. She feels the hands of another patron on her hip as he attempts to move past her. She asks the bouncer to detain the man as she dials 911. The police respond and when they arrive on the scene they arrest the man.The crime the man was arrested for falls under the heading ofa. sexual assault b. simple assault c. menacingd. battery
Q:
Susie is out at a night club she frequents and it is crowded. She feels the hands of another patron on her hip as he attempts to move past her. She asks the bouncer to detain the man as she dials 911. The police respond and when they arrive on the scene they arrest the man.
The man's attorney probably moved to have the charges charged on the basis of
a. the hip not being an intimate part of the body
b. the man accidentally placed his hand on the hip
c. the man was pushed from behind and only touched Susie's hip to steady himself
d. the man was drunk and didn't mean anything by touching the hip
Q:
Susie is out at a night club she frequents and it is crowded. She feels the hands of another patron on her hip as he attempts to move past her. She asks the bouncer to detain the man as she dials 911. The police respond and when they arrive on the scene they arrest the man.
Given the information in the preface, the man arrested at the bar was likely charged with
a. robbery
b. offensive touching
c. battery
d. mayhem
Q:
Road rage may include all of the following behaviors except a. defensive drivingb. honkingc. screaming at drivers d. murder
Q:
Taking advantage of an older person, or abusing them physically, is called a. elder abuseb. retirement abuse c. ageismd. elder hate
Q:
A lost child could also be any of the following except a a. throwawayb. stowaway c. runwayd. victim of an abduction
Q:
Children who are abandoned, deserted or told to leave home are classified as a. throwawaysb. stowaways c. runwaysd. family reductions
Q:
Which is not one of the elements necessary in order to prove false imprisonment?a. The defendant was not related to the victim b. The act must have been intentionalc. The victim must have been constrained or movement prevented in some mannerd. The defendant had no legal authority to detain the victim
Q:
Unlawful restraint or detention of a person is called a. false imprisonmentb. child abductionc. kidnappingd. hostage taking
Q:
This occurs when one parent abducts a child without the consent of the other parent. a. false imprisonmentb. child abduction c. child snatching d. hostage taking
Q:
The definition of an assault is
a. a successful battery
b. an unsuccessful use of a weapon
c. the attempt to induce physical harm on another person
d. any battery below aggravated mayhem
Q:
The definition of a battery is
a. a successful assault
b. an unsuccessful use of a weapon
c. an attempt to induce physical harm on another person
d. any battery below aggravated mayhem
Q:
Which of the following statements is true?
a. An assault can occur without a battery
b. An aggravated assault can occur without a weapon of some sort
c. A battery can occur without an assault
d. Aggravated mayhem can not occur without a battery
Q:
Virtually any kind of physical contact can constitute a
a. battery
b. assault
c. taking hostage
d. kidnapping
Q:
An assault conviction requires acts intended to cause
a. bodily injury, or instill fear of such injury
b. fear of bodily injury
c. bodily injury
d. mental anguish
Q:
The FBI can enter parental kidnapping cases through the Fugitive Felon Act for all of the following conditions except
a. a state arrest warrant has been issued charging the parent with a felony violation
b. law enforcement officers have evidence of interstate flight
c. a specific request for FBI assistance must be made by state authorities, who agree to extradite and prosecute
d. if the child wanted to go with the parent
Q:
What crime is similar to kidnapping but does not require moving the victim a "substantial distance"?
a. hostage taking
b. interstate kidnapping
c. parental taking
d. hostage kidnapping
Q:
In 1996, Congress passed a law that forbids anyone convicted of which of the following crimes from possessing a firearm?a. child abuse b. elder abuse c. affrayd. domestic violence
Q:
Under the federal Missing Children's Assistance Act, parents of missing childrena. have access to the National Crime Information Center's missing person filesb. can file kidnapping charges against spouses who kidnap children c. must be informed of all law enforcement efforts to find the child d. may sue kidnappers for money damages
Q:
In most states parental kidnapping
a. is a civil offense only
b. may be dealt with only as part of a pending divorce case
c. is a misdemeanor
d. is a felony
Q:
The use or threat of use of force to restrain or confine a person with the intent to use the person as a hostage to compel another person to perform some act is the definition of
a. hostage taking
b. kidnapping
c. battery
d. assault
Q:
The primary difference between the offenses of "kidnapping" and "hostage taking" is
a. one is a felony while the other is a misdemeanor
b. there is no difference, the offenses are identical
c. only kidnapping requires forcible movement of the victim
d. only hostage taking was a crime at common law
Q:
A false imprisonment aggravated by the movement of the victim to another place constitutes the crime of
a. false imprisonment
b. kidnapping
c. involuntary servitude
d. None of these choices
Q:
An individual who unlawfully restrains or detains another may be charged with
a. false imprisonment
b. kidnapping
c. involuntary servitude
d. child snatching
Q:
All of the following are defenses to a charge of assault or battery except
a. that the other party consented within the rules of the sport being played
b. that it was reasonable discipline of a child by a parent
c. that the conduct resulted from personal bias
d. that the conduct was necessary
Q:
Because kidnapping requires the victim to be moved "some distance" or a "substantial distance," some states have created the crime of a. false imprisonment b. abductionc. involuntary servituded. hostage taking
Q:
The crime of kidnapping involves unlawfully
a. moving a person
b. assaulting a person
c. battering a person
d. concealing a person